Texas Code of Criminal Procedure

Chapter 18A. Detection, Interception, and Use of Wire, Oral and Electronic Communications
CRIM P Art. 18A.201 – Detection, interception, and use of wire, oral, or electronic communications
Art. 18A.201. DEFINITIONS: In this subchapter:

  1. The immediate life-threatening situation” means a hostage, barricade, or other emergency in which a person unlawfully and directly:
    • Threatens another with death; or
    • Exposes another to a substantial risk or serious bodily injury.
  2. "Member of a law enforcement unit specifically trained to respond to and deal with life-threatening situations” means a peace officer who, as evidenced by the submission of appropriate documentation to the Texas Commission on Law Enforcement:
    • Each year receives a minimum of 40 hours of training in hostage and barricade suspect situations; or
    • Has received a minimum of 24 hours of training on kidnapping investigations and is:
      1. The sheriff of a county with a population of 3.3 million or more or the sheriff’s designee; or
      2. The police chief of a police department in a municipality with a population of 500,000 or more, or the chief’s designee.

Art. 18A.202. Possession and Use of Interception Device in Emergency Situation.
(A) The prosecutor in a county in which an interception device is to be installed or used shall designate in writing each peace officer in the county, other than a commissioned officer of the Department of Public Safety, who is:

  1. A member of a law enforcement unit specifically trained to respond and deal with life-threatening situations; and
  2. Is authorized to possess an interception device and responsible for the installation, operation, and monitoring of the device in an immediate life-threatening situation.

(B) A peace officer designated under Subsection (a) or Article 18A.301(c) may possess, install, operate, or monitor an interception device if the officer:

  1. Reasonably believes an immediate life-threatening situation exists that:
    • Is within the territorial jurisdiction of the officer or another officer the officer is assisting; AND
    • Requires interception of communications before an interception order can, with due diligence, be obtained under this subchapter;
  2. Reasonably believes there are sufficient grounds under this subchapter on which to obtain an interception order; and
  3. Obtains oral or written consent to the interception before beginning the interception from:
    1. A judge of competent jurisdiction;
    2. A district judge for the county in which the device will be installed or used; or
    3. A judge or justice of a court of appeals or a higher court

(C) If a peace officer installs or uses an interception device under Subsection (b), the officer shall:

  • Promptly report the installation or use to the prosecutor in the county in which the device is installed or used; and
  • Within 48 hours after the installation is complete or the interception begins, whichever occurs first, obtain a written interception order from a judge of competent jurisdiction.

(D) A peace officer may certify to a communication common carrier that the officer is acting lawfully under this subchapter.

ART. 18A.203. Consent For Emergency Interception.
(a) An official described by Article 18A.202(b)(3) may give oral or written consent to the interception of communications under this subchapter to provide evidence of the commission of a felony, or of a threat, attempt, or conspiracy to commit a felony, in an immediate life-threatening situation.

(b) Oral or written consent given under this subchapter expires on the earlier of:

  • 48 hours after the grant of consent; or
  • the conclusion of the emergency justifying the interception.

    • ART. 18A.204. Written Order Authorizing Interception
    (A) A judge of competent jurisdiction under Article 18A.051 or under Article 18A.202(b) may issue a written interception order under this subchapter during the 48-hour period prescribed by Article 18A.202 (c)(2).

    (B) A written interception order under this subchapter expires on the earlier of:

    1. The 30th day after the date of execution of the order; or
    2. The conclusion of the emergency that initially justified the interception.

    (C) If an interception order is denied or is not issued within the 48-hour period, the officer shall terminate the use of and remove the interception device promptly on the earlier of:

    1. The denial;
    2. The end of the emergency that initially justified the interception; or
    3. The expiration of 48 hours.

    The state MAY NOT USE as evidence in a criminal proceeding any information gained through the use of a device installed under this section IF authorization for the device IS NOT SOUGHT or IS SOUGHT BUT NOT OBTAINED.

    ART. 18A.353 Privileged Communications
    (A) An otherwise privileged wire, oral or electronic communication intercepted in accordance with, or in violation of, this chapter does not lose its privileged character.

    (B) Evidence derived from a privileged communication described by Subsection (a) against a party to that communication is privileged.

    ART. 18A.357 Communications Received in Evidence
    (a) The contents of an intercepted communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, this state, or a political subdivision of this state unless:

    1. The disclosure of the contents of the communication or evidence derived from the communication would violate a law described by Subdivision (1).

    (b) The contents of an intercepted communication and evidence derived from the communication may be received in a civil trial, hearing, or other proceeding only if the civil trial, hearing, or other proceeding arises out of the violation of a penal law.

    (c) This article does not prohibit the use or admissibility of the contents of an intercepted communication or evidence derived from the communication if the communication was intercepted in a jurisdiction outside this state in compliance with the law of that jurisdiction.

    ART. 18A.451 Creation of Recordings
    The contents of a wire, oral, or electronic communication intercepted by means authorized by this chapter SHALL BE RECORDED on tape, wire, or other comparable device in a way that protects the recording from editing or other alterations.